# C_2016343EN.01000901.xml

| 19.9.2016 | EN | Official Journal of the European Union | C 343/9 |
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19.9.2016

EN

Official Journal of the European Union

C 343/9

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Order of the Court (Sixth Chamber) of 30 June 2016 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Buzzi Unicem SpA and Others v Comitato nazionale per la gestione della Direttiva 2003/87/CE e per il supporto nella gestione delle attività di progetto del protocollo di Kyoto, Ministero dell'Ambiente e della Tutela del Territorio e del Mare, Ministero dello Sviluppo Economico

(Case C-502/14) (1)

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((Preliminary ruling - Article 99 of Rules of Procedure of the Court - Scheme for greenhouse gas emission allowance trading within the Union - Directive 2003/87/EC - Article 10a(5) - Method of allocating allowances - Allocation of allowances free of charge - Method for calculating the uniform cross-sectoral correction factor - Decision 2011/278/EU - Article 15(3) - Decision 2013/448/EU - Article 4 - Annexe II - Validity))

(2016/C 343/12)

Language of the case: Italian

Referring court

Referring court

Consiglio di Stato

Parties to the main proceedings

Parties to the main proceedings

Applicants: Buzzi Unicem SpA, Colacem SpA, Cogne Acciai Speciali SpA, Olon SpA, Laterlite SpA

Applicants:

Defendants: Comitato nazionale per la gestione della Direttiva 2003/87/CE e per il supporto nella gestione delle attività di progetto del protocollo di Kyoto, Ministero dell'Ambiente e della Tutela del Territorio e del Mare, Ministero dello Sviluppo Economico

Defendants:

Operative part of the order

Operative part of the order

| 1. | Consideration of the second question has not disclosed any factor of such a kind as to affect the validity of Article 15(3) of Commission Decision 2011/278/EU of 27 April 2011 determining transitional Union-wide rules for harmonised free allocation of emission allowances pursuant to Article 10a of Directive 2003/87/EC of the European Parliament and of the Council, in so far as that provision precludes emissions from electricity generators from being taken into account in the determination of the maximum annual amount of allowances. |
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1.

Consideration of the second question has not disclosed any factor of such a kind as to affect the validity of Article 15(3) of Commission Decision 2011/278/EU of 27 April 2011 determining transitional Union-wide rules for harmonised free allocation of emission allowances pursuant to Article 10a of Directive 2003/87/EC of the European Parliament and of the Council, in so far as that provision precludes emissions from electricity generators from being taken into account in the determination of the maximum annual amount of allowances.

| 2. | Article 4 of and Annex II to Commission Decision 2013/448/EU of 5 September 2013 concerning national implementation measures for the transitional free allocation of greenhouse gas emission allowances in accordance with Article 11(3) of Directive 2003/87/EC of the European Parliament and of the Council are invalid. |
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2.

Article 4 of and Annex II to Commission Decision 2013/448/EU of 5 September 2013 concerning national implementation measures for the transitional free allocation of greenhouse gas emission allowances in accordance with Article 11(3) of Directive 2003/87/EC of the European Parliament and of the Council are invalid.

| 3. | The temporal effects of the declaration of invalidity of Article 4 of, and Annex II to, Decision 2013/448 are to be limited so that, first, that declaration does not produce effects until 10 months following the date of delivery of the judgment of 28 April 2016 in Borealis Polyolefine and Others (C-191/14, C-192/14, C-295/14, C-389/14 and C-391/14 to C-393/14, EU:C:2016:311) so as to enable the European Commission to adopt the necessary measures and, second, measures adopted during that period on the basis of the invalidated provisions cannot be called into question. |
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3.

The temporal effects of the declaration of invalidity of Article 4 of, and Annex II to, Decision 2013/448 are to be limited so that, first, that declaration does not produce effects until 10 months following the date of delivery of the judgment of 28 April 2016 in Borealis Polyolefine and Others (C-191/14, C-192/14, C-295/14, C-389/14 and C-391/14 to C-393/14, EU:C:2016:311) so as to enable the European Commission to adopt the necessary measures and, second, measures adopted during that period on the basis of the invalidated provisions cannot be called into question.

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(1)  OJ C 26, 26.1.2015.

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